Legal Opinion
Berkley v. United States
Court of Appeals for the Federal Circuit
Decided April 17, 2002No. 01-5057PublishedCited by 26 opinions
1Opinion of the Court
PROST, Circuit Judge.
This is a military pay class action case brought on behalf of officers of the United States Air Force terminated pursuant to a 1993 Reduction in Force (“RIF”). The basis of their complaint is that the formal instructions governing selection for involuntary termination required different treatment of officers based on their race or gender, thereby violating the equal protection guarantee of the Fifth Amendment to the United States Constitution.
At issue is a portion of the Air Force Secretary’s Memorandum of Instruction (“MOI” or “Instruction”) to the Board charged with…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- United States v. SalernoSupreme Court of the United States · 1987
- Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- City of Chicago v. MoralesSupreme Court of the United States · 1999
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Chancellor Manor, Gateway Investors, Ltd., and Oak Grove Towers Associates v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Evelyn L. Lewis v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Lechliter v. United StatesUnited States Court of Federal Claims · 2006
- Berkley v. United StatesUnited States Court of Federal Claims · 2004
- Totes-Isotoner Corp. v. United StatesUnited States Court of International Trade · 2008
21 more not listed; retrieve them via the Exa API.